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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Ashok @ Shoki – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of the convict's case and sentencing details (Para 1 , 2 , 3) |
| 2. arguments by petitioner and state regarding conviction (Para 4 , 5) |
| 3. court's analysis on sentencing and consideration for reduction (Para 6 , 7 , 8 , 9) |
| 4. conclusion and order for sentence modification (Para 10 , 11 , 12) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present revision petition is preferred against the judgment dated 30.04.2025 passed by the learned Additional Sessions Judge, Hisar, vide which the appeal against judgment of conviction dated 14.08.2018 and order of sentence dated 21.08.2018 passed by the learned Judicial Magistrate 1st Class, Hisar, in FIR No.314 dated 12.04.2015 registered under Sections 457 /380 of IPC , registered at Police Station Hisar Sadar, has been dismissed.
2. The petitioner was convicted and sentenced as mentioned below:
| Offence | Sentence |
| Section 457 of IPC | Simple imprisonment for a period of 02 years and to pay fine of Rs.2,000/-. |
| Section 380 of IPC | Simple imprisonment for a period of 02 years and to pay fine of Rs.2,000/-. In default, further imprisonment of 03 months. |
Both the sentences were ordered to run concurrently.
3. After assessing the material available
Judicial discretion in sentencing allows for reduction based on time served when no minimum penalty exists, balancing justice and reformation.
The court found that considerations of time served and rehabilitation justified the modification of the sentence in favor of the appellants.
The main legal point established in the judgment is the court's discretion to reduce the sentence to the period already undergone by the petitioners while maintaining the amount of fine, considering ....
The court may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
The court has the discretion to consider the period already undergone by the accused when deciding on the appropriate sentence, based on the principles of sentencing policy and precedent laws.
The court may reduce a sentence based on the time already served and the overall circumstances of the case, while maintaining the conviction.
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